The law grants certain exemptions from rent increases to tenant who are senior citizens.
If a New York City (NYC) tenant or tenant’s spouse is a 62 years of age or older and is living in a rent stabilized apartment, and the combined household income is $20,000 per year ort less and they are paying at least 1/3 of their disposable income towards their rent, senior citizen tenant may apply for the SENIOR CITIZEN RENT INCREASE EXEMPTION PROGRAM (SCRIE). In NYC, the Department of Finance (DoF) administers the SCRIE program. In the counties outside of NYC covered by the Emergency Tenant Protection Act, the New York State Division of Housing and Community Renewal (DHCR) administers the SCRIE is a local option and communities have different income eligibility limits and regulations.
If a NYC tenant qualifies for this program, the tenant is exempt from future rent guidelines increases, Maximum Base Rent increase, fuel cost adjustments, and increases based on owner’s economical hardship and Major Capital Improvements. However, the tenant must pay the additional security deposit. Tenants receiving a New York City Senior Citizen Rent Exemption (SCRIE) may chose a one or two year lease renewal. New York City senior citizen tenant may also carry out this exemption from one apartment to another upon moving, upon the proper application being made to DoF.
To apply for SCRIE, the tenant of a NYC rent controlled or rent stabilized apartment must file an application with the DoF. You can apply online here. DHCR administers this program only in the countries outside NYC.
Other rights for the NYC senior citizen include:
- If a building is being converted to cooperative or condominium ownership under an Eviction Plan, an “eligible senior citizen” may refuse to purchase the apartment and remain in occupancy as a fully protected rent stabilized tenant with the right to a lease renewal. Rent controlled senior citizen tenants are similarly protected against eviction.
“Eligible senior citizen” are who are primary residents in the apartment and at least 62 years of age or have a spouse 62 years of age or older on the date the New York State Attorney General accepts the Eviction Plan for filing.
To take advantage of this benefit, an eligible senior citizen in NYC must elect, on forms provided by the Attorney General, to become a “non-purchasing” tenant within 60 days of the date that the Final Offering is presented to the tenants. Outside NYC, there is no formal election requirement.
- An owner cannot evict from an rent stabilized apartments in NYC for the purpose of the owner occupancy, when either the tenant or the tenant’s spouse is 62 years of age or older unless the owner provides an equivalent or superior apartment the same or lower rent in area near the tenant’s present apartment.
- For rent stabilized apartments outside of NYC and rent controlled apartment statewide, an owner may not evict a tenant for the purpose of owner occupancy where any member of the tenant’s household is 62 years of age or older.
- A NYC senior citizen with a currently valid SCRIE order is not required to pay any portion of fuel cost increase that would raise the total rent to over 1/3 of the tenant’s household disposable income. A senior citizen who applies for and is granted a SCRIE order within 90 days after receipt of the owner’s fuel cost adjustment report, are retroactively exempt from paying any portion of the most recent fuel cost adjustment that would raise the total rent to over 1/3 of the tenant’s total household disposable income.
- A tenant 62 years of age or older may terminate his/her lease, without penalty, in order to move into a health care facility or senior citizen housing complex. If the senior citizen housing terminates the lease in order to move into a health care facility or senior citizen housing complex. If the senior citizen housing complex, the owner must receive at least 30 days written notice, accompanied by documentation of admission or pending admission to the health care facility or senior citizen housing complex.
For more information or assistance, visit the City’s SCRIE page on the DoF website here, call the DHCR Rent InfoLine, or visit your County Rent Office below. You can also make an appointment with a Cooper Square Committee Housing Specialist. E-mail us here or call 212-228-8210.
Central, 92-31 Union Hall Street, 4th Floor, Jamaica, NY 11433, (718)739-6400
Brooklyn, 55 Hanson Place, 7th Floor, Brooklyn, NY 11217
Upper Manhattan, 163 West 125th Street, 5th Floor, New York, NY 10027, North side of 110 St. and above
Nassau County, 50 Clinton Street, 6th Floor, Hempstead, NY 11550
Westchester County, 55 Church Street, White Plain, NY 10601
Lower Manhattan, 25 Beaver Street 5th Floor, New York, NY10004, South side of 110 St. and below
Bronx, 1 Fordham Plaza, 2nd Floor, Bronx, NY 10458
Staten Island, 60 Bay Street, 7th Floor, Staten Island, NY 10301
Rockland County, 94-96 North Main Street, Spring Valley, NY 10977